Milkiyat ki jang mein...: Judge turns poet while granting bail in property case
"Bankar beti, rishto ko bachaana hoga, sabhi naato ko nibhana hoga. Kya rakkha hai is jang mein koi bataayega? Aakhir is dharti se kaun kya hi le jaayega, (Becoming a daughter, one must now protect these bonds and uphold all these relationships with care. What is there really to gain in this battle, can someone say? After all, what will anyone truly take from this Earth when they go?)" he added.Soni was arrested on July 12. According to the Delhi Police's response, a court had earlier issued a direction regarding possession of the disputed property in favour of his mother, who is the complainant, LiveLaw reported.The police noted there had been multiple PCR calls, complaints and non-cognisable reports (NCRs) filed against Soni. They also said that preventive action had previously been taken against him.However, Soni's lawyer argued that it wasn't a case of illegal possession, claiming that his mother had voluntarily handed over possession of the property to him based on an oral agreement. It was further submitted that some pictures existed showing Soni and his family residing on the property prior to July 10.The counsel also questioned why, if Soni's possession was indeed illegal, no contempt or eviction proceedings were initiated against him, according to LiveLaw.In response, the prosecution maintained that Soni had unlawfully taken possession of the complainant's property after its preparation and handover. It asserted that even if the complainant was physically dispossessed, she remained in constructive possession.When specifically questioned by the court, the Investigating Officer (IO) admitted that no CCTV footage or video evidence had been recovered to show that Soni had broken into or entered the property on or before July 10."After considering the facts and circumstances of the case, the court is inclined to grant bail to the accused, Nitin Soni," judge Kumar was quoted by LiveLaw as saying.- Ends
IN THIS STORY#Delhi
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Hindustan Times
2 hours ago
- Hindustan Times
Delhi Police find security lapses at over 120 public places across city
The Delhi Police's special cell has found serious security lapses at more than 120 locations across the capital during a massive five-day security audit launched ahead of Independence Day, officials said on Thursday. The audit covered high-end hotels, metro stations, malls and cinema halls, among others, and found that management was either negligent or did not comply with standard security protocols, they added. Shoppers in a mall in New Delhi. (REUTERS) A senior special cell officer, requesting anonymity, said that the most glaring security lapse was found at a prominent five-star hotel where 22 CCTV cameras were non-functional. 'Despite repeated instructions to fix the surveillance system, the management allegedly ignored the directive, leaving blind spots across crucial entry and exit points. Such laxity puts public safety at serious risk, especially in the run-up to August 15 when Delhi becomes a high-alert zone. Ignoring security advisories is not just careless, it's dangerous,' the officer said, noting that the hotel could face strict action under applicable regulations. He said that several metro stations also lacked adequate provisions for women's safety. 'Checks revealed that the CCTV system at some stations was not up to the mark and the femaly security personnel were either not deployed in adequate numbers or at all. These findings have prompted officials to issue fresh instructions to the Delhi Metro Rail Corporation (DMRC) to bolster surveillance and improve emergency response mechanisms, particularly during peak hours,' he added. A second special cell officer, who was involved in the security audit, said that many shopping malls, often crowded, had security lapses. 'Many malls had not installed boom barriers or X-ray baggage scanners at entry points. Instead, basic metal detectors were being used, offering minimal deterrence to those with ill intent. Our security audit teams noted that the absence of these essential systems increases the risk of unauthorised entry and contraband smuggling. In the present scenario, where threats can manifest at any location, it is unacceptable that malls are still treating security as an afterthought,' the second officer said, requesting anonymity. The audit found that several hotels did not have a fire response plan or had not updated details of their current staff and guests. In many cases, guest records were not properly maintained or shared with local police stations – a standard requirement for all commercial accommodations. According to the audit report, the most lapses were found in the northeast district (16), followed by east (13, of which Shahdara alone accounted for 12). Other districts where significant shortcomings were recorded include southeast (11), southwest (10), west (10), outer (9), central (9), north (8), Rohini (7), and south (6). 'This data has been shared with senior officials, and district-level commanders have been tasked with ensuring prompt rectification. We conducted these inspections based on prior intelligence alerts regarding potential threats around Independence Day celebrations and they were undertaken in coordination with local police, fire services, and intelligence agencies to evaluate the ground-level readiness of critical infrastructure,' the first officer cited above said. The second officer cited above said that the audit findings will be compiled into a detailed report and forwarded to the Ministry of Home Affairs and the Delhi lieutenant governor's office. 'Instructions have been issued to all deputy commissioners of police to personally oversee the compliance drive, with a deadline set for corrective actions. Establishments that fail to comply with security norms within the stipulated time could face penalties or even suspension of operations under relevant sections of the law,' the officer added.
Hindustan Times
2 hours ago
- Hindustan Times
SC moots fast-track courts for criminal trials in Delhi-NCR
The Supreme Court on Thursday mooted the creation of fast-track courts in Delhi to expedite trials in cases lodged against 'professional' gangsters and directed both the Delhi government and the Centre to formulate a concrete proposal in this regard within four weeks. At the core of the court's concern was to nip the possibility of such persons securing bail and unleashing a spectre of violence. (HT Archive) The court passed the order after being informed by the Delhi Police, in an affidavit, that 288 cases against gangsters and criminal gangs operating in Delhi are pending trial. Only 108 cases have reached the stage of framing of charges. The affidavit also indicated that by any rate, it will take three to four years for a case to move from framing of charges to prosecution evidence being taken up. So far, only 25% of cases have reached the prosecution evidence stage, the first step of trial, it said. A bench of justices Surya Kant and Joymalya Bagchi found the delay impeding the right of the accused to a speedy trial. At the same time, the bench raised a larger issue about such gangsters securing bail on the grounds of prolonged trials. Even the security of witnesses gets compromised in these situations, the bench added. The court said, 'This week, we read an instance where a witness was murdered. Who is going to depose against gangsters? What is the protective cover that you give them? They are your eyes and ears. If you don't protect them, public confidence in the criminal justice system gets affected and rule of law gets absolutely impaired in the eyes of the common man.' At the core of the court's concern was to nip the possibility of such persons securing bail and unleashing a spectre of violence. The bench said, 'What is happening in the geographical belt of Delhi near to Haryana... They commit crime there and come to Delhi. Just yesterday, a man who committed a murder in Panipat was arrested from Ghaziabad. Society needs to get rid of these gangsters. They must be dealt with ruthlessly. We should not have any misplaced sympathy for them.' While the Delhi Police suggested the court set up dedicated court complexes within jail premises for trial of such hardened criminals, the court said that the issue needs to be dealt with holistically, as such courts will require adequate judicial manpower, support staff and infrastructure. The bench said, 'While the Delhi High Court will not have any objection to providing speedy trial by establishing dedicated courts, this can only happen provided that the Union government and the state of Delhi resolve to introduce a mechanism like fast-track courts (FTC) for trial of these cases.' Making Centre a party to the proceedings, the court said, 'Keeping in mind the pendency of 288 cases against gangsters, there will have to be appropriate strength of courts to ensure cases can be equitably distributed and trial can be held on day-to-day basis.... If such a decision is taken by appropriate authority, it seems to us that all pending trials can be brought to an end.' The court asked additional solicitor general (ASG) SD Sanjay, appearing for the Delhi Police, to also appear for the Centre and give effect to the order. The court agreed to pass subsequent directions for expediting the hearing of such cases once a resolution is adopted by the Centre and the Delhi government. The matter will next be heard after four weeks. The court made the observations while hearing a bail petition filed by one Mahesh Khatri alias Bholi, who is facing 55 criminal cases, many of which are heinous offences. In February, the court refused him bail but expanded the scope of the petition by asking the Delhi Police to specify whether a mechanism could be introduced for a speedy trial in cases concerning gangsters. The Delhi Police affidavit, filed in response to this order, noted that while multiple factors lead to delayed trials, the primary reason was that courts hearing cases against such gangsters facing charges under the Indian Penal Code and Maharashtra Control of Organised Crime Act (MCOCA) handle other routine matters and are burdened with multiple sensitive matters involving the IPC, economic offences and money laundering, among others. ASG Sanjay said that, considering these aspects, the Delhi Police urged the court to set up dedicated court complexes on jail premises. This would not only expedite cases against gangsters but prevent them from getting bail. At the same time, it will enable better safety for witnesses and accused persons and will reduce the opportunity available for such criminals to generate reels and other social media content glamourising their lives, something that is observed when members of gangs are transported from jails to court complexes, it said. The ASG assured the court that a joint meeting of the Centre and the Delhi government will be held to resolve the issue.
The Hindu
7 hours ago
- The Hindu
Parliament security breach case: Delhi HC seeks police reply on bail plea of two accused
The Delhi High Court on Thursday asked Delhi Police to respond to a bail plea of two accused in the December 2023 Parliament security breach case. During the hearing, the counsel for the accused – Sagar Sharma and Manoranjan D – told a Division Bench of Justices Vivek Chaudhary and Shalinder Kaur that the act of opening smoke canisters inside Parliament while sloganeering 'did not amount to terrorist act' as the smoke was not obnoxious and the intention of the accused was to only 'highlight unemployment and not create terror'. The Bench, however, remarked, 'The best way to create terror in India is to disrupt Parliament. You disrupted Parliament.' It asked the Delhi Police to file a status report on Mr. Sharma's bail plea and posted the hearing for October 8, when it would also take up Mr. Manoranjan D's petition, for which it had issued a notice earlier. The duo had challenged a trial court's order denying them bail. Mr. Sharma contended that he was entitled to be released on bail on the grounds of parity with the other two accused who were already on bail. Mr. Manoranjan D called the allegations against him 'vague' and alleged that Delhi Police had 'wrongly attributed' the charge under the Unlawful Activities (Prevention) Act against him. The Bench said there was no parity since those granted bail had protested outside Parliament, whereas the present accused were inside it. In a major security breach on the anniversary of the 2001 Parliament terror attack on December 13, 2023, accused Mr. Sharma and Mr. Manoranjan D allegedly jumped into the Lok Sabha chamber from the public gallery during Zero Hour, opened canisters filled with yellow gas, and sloganeered before some MPs overpowered them. Around the same time, the other two accused – Amol Shinde and Neelam Azad – allegedly opened coloured gas canisters outside the Parliament premises and raised slogans. The High Court granted bail to Ms. Azad and another accused, Mahesh Kumawat, in July.
